throbber
IN THE UNITED STATES PATENT AND TRADEMARKOFFICE
`
`Inter Partes Review
`United States Patent No. 6,151,493
`
`United States Patent No: 6,151,493
`Inventors: Toyoki Sasakura,
`Kenichi Miyamoto
`Formerly Application No.: 09/000,764
`Issue Date: November 21, 2000
`Filing Date: December 30, 1997
`Former Group Art Unit: 2749
`Former Examiner: Meless Zewdu
`Patent Owner: Ryujin Fujinomaki
`
`LRLRLRVRLPLRWrWrWPWr
`
`Attorney DocketNo.:
`108827-5007-651
`
`Customer No.: 28120
`Petitioners: Google Inc.,
`LG Electronics, Inc.,
`LG Electronics U.S.A., Inc.
`LG Electronics Mobilecomm
`U.S.A., Inc.
`
`For: DEVICE FOR PROHIBITING UNAUTHORIZED USE OF ELECTRONIC
`DEVICES
`
`MAIL STOP PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`Post Office Box 1450
`Alexandria, Virginia 22313-1450
`
`DECLARATION OF MARY OROSIN SUPPORT OF
`PETITION FOR INTER PARTES REVIEW OF
`UNITED STATES PATENTNO.6,151,493
`
`I, Mary Oros, makethe following Declaration pursuant to 28 U.S.C. § 1746:
`
`1.
`
`I am a SeniorLitigation Paralegal at the law firm of
`
`Ropes & Gray LLP.
`
`De
`
`I provide this Declaration in connection with the above-identified Jn-
`
`ter Partes Review proceeding requested at the United States Patent and Trademark
`
`wi =
`
`Google EX1026 Page 0001
`
`

`

`Inter Partes Review
`United States Patent No. 6,151,493
`
`Office by Google Inc., LG Electronics, Inc., LG Electronics U.S.A., Inc., and LG
`
`Electronics Mobilecomm U.S.A., Inc. under 35 U.S.C. §§ 311-319, 37 C.F.R. §
`
`42.104. Unless otherwisestated, the facts stated in this Declaration are based on
`
`my personal knowledge.
`
`3.
`
`Exhibit 1001 hereto is a true and correct copy of United States Patent
`
`No. 6,151,493 to Toyoki Sasakura and Kenichi Miyamoto, which I downloaded on
`
`July 22, 2016 from the United States Patent and Trademark Office (“USPTO”) Pa-
`
`tent Application Information Retrieval (“PAIR”) website and whichis a record of
`
`the USPTOto whichall parties have access. An exhibit label and page numbers
`
`on all pages have been addedto the bottom of this document but no otheraltera-
`
`tions have been made.
`
`4.
`
`Exhibit 1002 hereto is a true and correct copyofthe file history for
`
`United States Patent No. 6,151,493 to Toyoki Sasakura and Kenichi Miyamoto,
`
`which was produced by Ryujin Fujinomaki in Fujinomaki v. Google Inc., et al.,
`
`Case No. 2:15-cv-01381-JRG (E.D. Tex.), transferred to Case No. 3:16-cv-03137-
`
`JSC (N.D.Cal.), and marked with bates numbers FUJI-0000001 — FUJI-0000190.
`
`An exhibit label and page numbersonall pages have been addedto the bottom of
`
`this document but no otheralterations have been made.
`
`Google EX1026 Page 0002
`
`

`

`Inter Partes Review
`United States Patent No. 6,151,493
`
`5.
`
`Exhibit 1004 hereto is a true and correct copy of United States Patent
`
`No. 5,327,482 to Kazuo Yamamoto, which I downloaded on July 22, 2016 from
`
`the USPTO PAIR website and whichis a record of the USPTO to whichall parties
`
`have access. An exhibit label and page numbers onall pages have been added to
`
`the bottom of this document but no other alterations have been made.
`
`6.
`
`Exhibit 1005 hereto is a true and correct copy of United States Patent
`
`No. 5,796,338 to Aris Mardirossian, which I downloaded on July 22, 2016 from
`
`the USPTO PAIR website and which is a record of the USPTO to whichall parties
`
`have access. An exhibit label and page numbersonall pages have been added to
`
`the bottom of this document but no other alterations have been made.
`
`7.
`
`Exhibit 1006 hereto is a true and correct copy of United States Patent
`
`No. 5,055,701 to Mikio Takeuchi, which I downloaded on July 22, 2016 from the
`
`USPTO PAIR website and whichis a record of the USPTO to whichall parties
`
`have access. An exhibit label and page numbers onall pages have been added to
`
`the bottom of this document but no other alterations have been made.
`
`8.
`
`Exhibit 1007 hereto is a true and correct copy of United States Patent
`
`No. 5,396,218 to George Olah, which I downloaded on July 22, 2016 from the
`
`USPTO PAIR website and whichis a record of the USPTO to whichall parties
`
`Google EX1026 Page 0003
`
`

`

`Inter Partes Review
`United States Patent No. 6,151,493
`
`have access. An exhibit label and page numbers onall pages have been added to
`
`the bottom of this documentbut no other alterations have been made.
`
`9.
`
`Exhibit 1008 hereto is a true and correct copy of United States Patent
`
`No. 5,021,779 to Michael Bisak, which I downloaded on July 22, 2016 from the
`
`USPTO PAIR website and whichis a record of the USPTO to whichall parties
`
`have access. An exhibit label and page numbersonall pages have been added to
`
`the bottom of this document but no other alterations have been made.
`
`10.
`
`Exhibit 1009 hereto is a true and correct copy of Japanese Patent
`
`Publication No. H7-87559 filed on June 25, 1993 by NEC Corporation and pub-
`
`lished on March 31, 1995, which I downloaded on July 25, 2016 from the Europe-
`
`an Patent’s Office (“EPO”) Espacenetsearch page,
`
`http://worldwide.espacenet.com, whichis a record of the EPO to whichallparties
`
`have access, and which is accompaniedbya true and correct copy ofa translation
`
`of the text of that documentanda certification of accuracy regarding that transla-
`
`tion provided by Geotext Translations, Inc. An exhibit label and page numbers on
`
`all pages have been addedto the bottom of this documentbutno otheralterations
`
`have been made.
`
`11.
`
`Exhibit 1010 hereto is a true and correct copy of United States Patent
`
`No. 5,552,773 to Eduard Kuhnert, which I downloaded on July 22, 2016 from the
`
`-4-
`
`Google EX1026 Page 0004
`
`

`

`Inter Partes Review
`United States Patent No. 6,151,493
`
`USPTO PAIRwebsite and whichis a record of the USPTO to whichall parties
`
`have access. An exhibit label and page numbers onall pages have been added to
`
`the bottom of this document but no other alterations have been made.
`
`12.
`
`Exhibit 1011 hereto is a true and correct copy of United States Patent
`
`No. 4,023,138 to Joseph Ballin, which I downloaded on July 25, 2016 from the
`
`USPTO PAIR website and whichis a record of the USPTO to whichall parties
`
`have access. An exhibit label and page numbers onall pages have been added to
`
`the bottom of this document but no other alterations have been made.
`
`13.
`
`Exhibit 1012 hereto is a true and correct copy of United States Patent
`
`No. 5,315,290 to Raul G. Moreno and Paul J. Oster, which I downloadedon July
`
`25, 2016 from the USPTO PAIR website and whichis a record of the USPTO to
`
`whichall parties have access. An exhibit label and page numbers onall pages
`
`have been addedto the bottom of this documentbut no otheralterations have been
`
`made.
`
`14.
`
`Exhibit 1013 hereto is a true and correct copy of United States Patent
`
`No. 5,838,227 to Steve Murray, which I downloadedon July 25, 2016 from the
`
`USPTO PAIR website and whichis a record of the USPTO to whichall parties
`
`have access. An exhibit label and page numbers onall pages have been added to
`
`the bottom of this document but no other alterations have been made.
`
`_5-
`
`Google EX1026 Page 0005
`
`

`

`Inter Partes Review
`United States Patent No. 6,151,493
`
`15.
`
`Exhibit 1014 hereto is a true and correct copy of EP 0708952 to Giro-
`
`lamo Buonavoglia, which I downloaded on July 26, 2016 from the EPO’s
`
`Espacenet search page and whichis a record of the EPO to whichall parties have
`
`access. An exhibit label and page numbers on all pages have been addedto the
`
`bottom of this documentbut no other alterations have been made.
`
`16.
`
`Exhibit 1015 hereto is a true and correct copy of United States Patent
`
`No. 5,825,299 to Vincent Fuentes, Hans Ulrich Fritsch, Andreas Merz, Georg
`
`Plasberg, and Wolfgang Kraft, which I downloaded on July 25, 2016 from the
`
`USPTO PAIR website and whichis a record of the USPTO to whichall parties
`
`have access. An exhibit label and page numbersonall pages have been added to
`
`the bottom of this document but no other alterations have been made.
`
`17.
`
`Exhibit 1016 hereto is a true and correct copy of United States Patent
`
`No. 5,402,104 to Lazaro LaRosa, which I downloaded on July 25, 2016 from the
`
`USPTO PAIRwebsite and whichis a record of the USPTO to whichall parties
`
`have access. An exhibit label and page numbers onall pages have been added to
`
`the bottom of this document but no other alterations have been made.
`
`18.
`
`Exhibit 1017 hereto is a true and correct copy of United States Patent
`
`No. 3,614,400 to Edward Charles Farnett Cinnaminson and Lee Oliver Upton,Jr.,
`
`which I downloaded on July 29, 2016 from the USPTO PAIR website and which is
`
`-6-
`
`Google EX1026 Page 0006
`
`

`

`Inter Partes Review
`United States Patent No. 6,151,493
`
`a record of the USPTO to whichall parties have access. An exhibit label and page
`
`numberson all pages have been addedto the bottom of this documentbut no other
`
`alterations have been made.
`
`19.
`
`Exhibit 1018 hereto is a true and correct copy of United States Patent
`
`No. 4,939,766 to Yuji Umemotoand Isao Sasaki, which I downloadedon July 29,
`
`2016 from the USPTO PAIR website and whichis a record of the USPTO to which
`
`all parties have access. An exhibit label and page numbers onall pages have been
`
`addedto the bottom of this document but no other alterations have been made.
`
`20.
`
`Exhibit 1019 hereto is a true and correct copy of United States Patent
`
`No. 5,761,198 to Susumu Kojima, which I downloaded on July 29, 2016 from the
`
`USPTO PAIRwebsite and whichis a record of the USPTO to whichall parties
`
`have access. An exhibit label and page numbersonall pages have been added to
`
`the bottom of this document but no other alterations have been made.
`
`21.
`
`Exhibit 1020 hereto is a true and correct copy of the Joint Claim Con-
`
`struction and Prehearing Statement and accompanying exhibits, filed on April 15,
`
`2016 in Fujinomaki v. Google Inc., et al., Case No. 2:15-cv-01381-JRG (E.D.
`
`Tex.), transferred to Case No. 3:16-cv-03137-JSC (N.D.Cal.), which I downloaded
`
`on July 29, 2016 from the Public Access to Court Electronic Records (““PACER”’)
`
`website and is a record of the United States District Court for the Eastern District
`
`TF x
`
`Google EX1026 Page 0007
`
`

`

`Inter Partes Review
`United States Patent No. 6,151,493
`
`of Texas (Dkt. No. 152) to which all parties have access. The Joint Claim Con-
`
`struction and Prehearing Statement and accompanying exhibits contain markingsat
`
`the top of each page indicating the PACERfiling information. An exhibit label
`
`and page numbersonall pages have been addedto the bottom of this document but
`
`no other alterations have been made.
`
`22.
`
`Exhibit 1021 hereto is a true and correct copy of excerpts from The
`
`IEEE Standard Dictionary of Electrical and Electronics Terms, Sixth Edition, pub-
`
`lished by the Institute of Electrical and Electronics Engineers, Inc., dated 1996
`
`which was produced in Fujinomaki v. Google Inc., et al., Case No. 2:15-cv-01381-
`
`JRG (E.D. Tex.), transferred to Case No. 3:16-cv-03137-JSC (N.D.Cal.), and
`
`marked with bates numbers FUJINDFTS0000464 — FUJINDFTS0000468. An ex-
`
`hibit label and page numberson all pages have been addedto the bottom ofthis
`
`document but no other alterations have been made.
`
`23.
`
`Exhibit 1022 hereto is a true and correct copy of excerpts from Web-
`
`ster’s American Dictionary, College Edition, published by Random House,Inc.,
`
`and dated 1997 which wasproducedin Fujinomaki v. Google Inc., et al., Case No.
`
`2:15-cv-01381-JRG (E.D. Tex.), transferred to Case No. 3:16-cv-03137-JSC
`
`(N.D.Cal.), and marked with bates numbers FUJINDFTS0000469 — FU-
`
`Google EX1026 Page 0008
`
`

`

`Inter Partes Review
`United States Patent No. 6,151,493
`
`JINDFTS0000473. An exhibit label and page numbersonall pages have been add-
`
`ed to the bottom of this document but no other alterations have been made.
`
`24.
`
`Exhibit 1023 heretois a true and correct copy of excerpts from the
`
`Dictionary of Computing, Fourth Edition, published by Oxford University Press
`
`and dated 1996 which was produced in Fujinomaki v. Google Inc., et al., Case No.
`
`2:15-cv-01381-JRG (E.D. Tex.), transferred to Case No. 3:16-cv-03137-JSC
`
`(N.D.Cal.), and marked with bates numbers FUJSINDFTS0000474 — FU-
`
`JINDFTS0000477. An exhibit label and page numbersonall pages have been
`
`addedto the bottom of this documentbut no other alterations have been made.
`
`25.
`
`Exhibit 1024 hereto is a true and correct copy of United States Patent
`
`No. 5,553,314 to Gary W. Grube and Timothy W. Markison, which I downloaded
`
`on July 31, 2016 from the USPTO PAIR website and whichis a record of the
`
`USPTOto whichall parties have access. An exhibit label and page numbersonall
`
`pages have been addedto the bottom of this documentbut no otheralterations have
`
`been made.
`
`26.
`
`Exhibit 1025 hereto is a true and correct copy of United States Patent
`
`No. 4,871,997 to Luc W. Adriaenssens, Orlando A. Bustos, and David Swanson,
`
`which I downloadedon July 31, 2016 from the USPTO PAIR website and whichis
`
`a record of the USPTO to whichall parties have access. An exhibit label and page
`
`5 Gx
`
`Google EX1026 Page 0009
`
`

`

`Inter Partes Review
`United States Patent No. 6,151,493
`
`numbersonall pages have been addedto the bottom of this documentbut no other
`
`alterations have been made.
`
`27.
`
`[have been warnedthat willful false statements and the like are pun-
`
`ishable by fine or imprisonment, or both. I make this declaration of my ownper-
`
`sonal knowledge, and all statements are true.
`
`If called to testify as to the matters
`
`stated herein, I could and wouldtestify competently.
`
`I declare under penalty of perjury that the foregoing is true and correct.
`
`Executed this 1* day of August, 2016, at East Palo Alto, CA.
`
`—hat
`
`
`
`Mary Oros
`
`-10-
`
`Google EX1026 Page 0010
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`

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